Consumer Bankruptcy

Can't Get No...Satisfaction*

Due to the recent downturn in the real estate market, chapter 13 debtors are fabricating new tools to surrender their real estate.

Private Disability Insurance Analysis

Fourth Amendment Applies to Bankruptcy Trustee, but Searches May Be Reasonable

Section 704(a) of the Bankruptcy Code enumerates the essential duties of a bankruptcy trustee in a chapter 7 case, requiring that the trustee “collect and reduce to money the property of the estate for which such trustee serves.” The courts have occasionally been asked to interpret whether this provision gives a governmental dimension to the functions of the trustee, and as a result, whether constitutional restrictions apply to the trustee.

Chapter 7 Debtor May Not Expense 26 U.S.C. §401(k) Loan Repayment

The U.S.

Lien Stripping: Is It Worth It?

In In re Lane,( George Lane, et. Al v. Western Interstate Bancorp), 280 F.3d 663 (6th Cir. 2002), the Sixth Circuit Court of Appeals, following the direction of the U.S. Supreme Court’s decision in Nobleman v. American Savings Bank, 508 U.S. 324, 113 S.Ct.

Dealing with Automobile Leases Post-BAPCPA

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added a new provision regarding personal property leases, §365(p), which provides:

ABI’s Atlanta Consumer Bankruptcy Skills Training - Part II

Members of the committee The second part of the 2009 Atlanta Consumer Bankruptcy Skills Training was held on June 4 at the State Bar of Georgia headquarters in Atlanta.  The ABI collaborated with the Bankruptcy Section of the Atlanta Bar Association and the Metro-Atlanta Consumer Bankruptcy Attorneys Group to present the program.  This

ABI’s 16th Annual Northeast Bankruptcy Conference

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Attorney for Creditor/Movant Cannot Make Affirmations without Foundation

The U.S. Bankruptcy Court for the District of Idaho recently sustained a chapter 7 trustee's objection to a creditor's motion for relief from the automatic stay pursuant to 11 U.S.C.

Case Update: Whether Debtors May Deduct College Expenses for Adult Children

Bankruptcy courts addressing the issue of whether debtors may deduct college expenses for their adult children post-BAPCPA have found no statutory support for such deduction. The Bankruptcy Code allows deductions for some education expenses, but limits deductions for elementary and secondary education expenses.